State of Tennessee v. David W. Frazier

Following a jury trial, the defendant, David W. Frazier, was convicted by a Weakley County jury of one count of driving under the influence, second offense, (“DUI 2nd”), a Class A misdemeanor, and sentenced to a term of eleven months and twenty-nine days, sixty days of which was to be served in the county jail. The defendant was initially indicted by a Weakley County jury for DUI 2nd and violation of the implied consent law. He subsequently filed a motion to dismiss the indictment, as the preliminary hearing tape was inaudible. The State agreed, and the court dismissed the indictment. Subsequently, a second preliminary hearing was held, and the defendant was reindicted by a grand jury. The defendant then filed a motion to dismiss the second indictment upon grounds that he had previously been charged and indicted for the same offenses. The court denied the motion. On appeal, he raises the single issue of whether the trial court erred in failing to dismiss the second indictment because the State failed to timely reindict the defendant and because the second   indictment violates double jeopardy principles. After review of the record, we find no merit to the defendant’s contentions and affirm the judgment of conviction.